M.P.Singh - (1.) THE present writ petition has been filed against an order dated 12-1-1988 passed by VII Additional District Judge, Kanpur.
(2.) THE facts of the case are that premises no. 104/105, Tilak Marg, Harding Road, Cantonment, Kanpur consisting of two rooms, two covered verandah, one courtyard, one bath room and one latrine was in possession of the petitioner. THE petitioner claimed himself to be the tenant whereas according to the respondent the petitioner was only a licensee on payment of Rs. 10/- per month with effect from 24-12-1962. The respondent No. 2 issued a notice under section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the 'Act') on 4-2-1986 requiring the petitioner to vacate the premises. Thereafter case no. 1781 of 1986 was instituted against the petitioner by the Cantonment Board, Kanpur. The petitioner filed his objections along with an affidavit. It was stated that he was permitted to occupy the accommodation by resolution no. 101 C dated 24-12-1962 on a monthly rent of Rs. 10/-. He was a tenant and has been paying the rent regularly since then. He has filed suit no. 406 of 1986 in the court of learned Munsif, City, Kanpur against Cantonment Board and its Engineer Sri S. Iqbal Singh. In that suit his rights and status regarding the accommodation has to be determined. In suit no. 406 of 1986 a stay order was also granted directing the authorities to maintain status quo regarding the accommodation.
(3.) THE Estate Officer vide his order dated 22-12-1986 found that the possession of the petitioner was unauthorised. An order of eviction was passed against the petitioner. THE petitioner filed an appeal. THE appeal has also been dimisssed on 12-1-1988 against which the present writ petition has been filed. Heard Sri Dinesh Dwivedi, earned Counsel for the petitioner and Sri K. K. Misra, learned counsel for the respondents.;